Twenty states plus the District of Columbia have legalized medical marijuana. Washington and Colorado have further legalized marijuana for recreational use. In either of these states, a medical marijuana ID card may not be able to protect you from a DUI charge. There is a great deal of uncertainty in many aspects of medical marijuana law, as it is relatively new to the scene. It is at odds with federal law, and it offers a great deal of confusion with DUI legislation. Some states are adapting their DUI laws to harmonize with marijuana laws, while in other states, the two clash. While some rulings on the issue are up in the air, here is a breakdown of how some of the current laws work.

First, if you are pulled over and an officer suspects you have used marijuana, he or she might administer field sobriety tests to see if you are impaired. Blood tests may be used to determine whether there is any marijuana in your system. This is done by searching for two compounds in a blood sample. Tetrahydrocannabinol (THC) is an active compound, the source of euphoria in marijuana use. It can linger in the blood for a few hours. Carboxy-THC is an inactive compound. Your body produces this to counter THC. This compound can last as long as a month. If a test only reveals that there is Carboxy-THC in your blood, then you may still land a DUI charge. This is true even though Carboxy-THC may not actually impair you as you drive. This means that medical marijuana can still get you in trouble days after use, even in a state where it is legal.

In Colorado and Washington, five nanograms per milliliter of active THC in your system means you are presumed to be impaired. This can lead to a DUI charge. Advocacy groups and defense lawyers argue that this number is a random construct. They say that it does not actually represent the level at which most people will be impaired.

Arizona recognizes the use of medical marijuana, but there is still a zero tolerance policy for getting behind a wheel after a dose. While prescribed medications are not a problem for motorists, medical marijuana is recommended, not prescribed. Prosecutors in Mesa have even made it so that the defense cannot present to a jury that the defendant has a marijuana card. Many Arizona patients with DUI charges are appealing to Superior Court. Any rulings on these cases can affect current DUI law. This has already been done in Michigan.

The ruling was based off of a case where a man was pulled over for a traffic stop. He was charged with driving with a prohibited substance in his system. The man responded that he had a medical marijuana card, and his last smoke was five hours before. The Michigan Supreme Court ruled that the Michigan Medical Marihuana Act (MMMA) can protect patients from DUI charges, as long as they were not actually impaired. While the MMMA does not stipulate what being under the influence is, the court decided that just having some marijuana in your bloodstream does not automatically mean you are a threat on the road. Police do not have to prove that a motorist used marijuana, but that the driver was impaired.

The only thing certain about laws concerning medical marijuana and DUIs, is that there is still a lot to be clarified, and many changes could be in store. If you face a DUI for medical marijuana use right now, then you need to know what defenses could be at your disposal. With the help of an experienced DUI attorney, you may be able to fully protect your rights.